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                              ENFORCEMENT BUREAU
                                   REGION 3

                        Portland Resident Agent Office
                                P.O. Box 61469
                       Vancouver, Washington 98666-1469
                                (360) 696-6707

                                 July 18, 2016

Conveyered Aggregate Delivery Inc. (CAD)
Eugene, Oregon 97402

                        NOTICE OF UNLICENSED OPERATION

	Case Number:  EB-FIELDWR-16-00022174
	Document Number:  W201632920001

The Portland Office received a complaint that an unlicensed radio station
on the Public Safety frequency 458.950 MHz was allegedly operating
in Eugene, Oregon.  The complaint specified a construction site from
which the operation was occurring. Investigation conducted on June 28,
2016, revealed that Conveyered Aggregate Delivery Inc. ("CAD") owned and
operated a Hetronic International Inc. transmitter (FCC ID LW9-CS458-TX),
which was installed in a delivery boom truck bearing Oregon license
plate number YCS441 in Eugene, Oregon.	An agent interviewed CAD's
representative, identified by first name "Jeff", and he admitted that
CAD purchased the referenced delivery truck that came with the Hetronic
transmitter from a previous owner and did not know about the FCC licensing
requirements. The CAD representative agreed to cease operations at that
time because of the on-going interference. The Commission's records show
that CAD did not have any FCC license for operation of 458.950 MHz in
Eugene, Oregon.

Radio stations must be licensed by the FCC pursuant to 47 U.S.C. §
301.  The only exception to this licensing requirement is for certain
transmitters using or operating at a power level that complies with the
standards established in Part 15 of the Commission's rules, 47 C.F.R. §§
15.1 et seq.  The Hetronic transmitter is authorized to operate in the
458.8  -  459.2 MHz band pursuant to Part 90.217 of the Commission's
Rules, not in Part 15. Accordingly, a license is required to operate
this transmitter pursuant to Part 90 of the Commission's Rules. Thus,
this station is operating in violation of 47 U.S.C. § 301.

You are hereby warned that operation of radio transmitting equipment
without a valid radio station authorization constitutes a violation
of the Federal laws cited above and could subject the operator of this
illegal operation to severe penalties, including, but not limited to,
substantial monetary forfeitures, in rem arrest action against the
offending radio equipment, and criminal sanctions including imprisonment.
(see 47 U.S.C. §§ 401, 501, 503 and 510).


You have ten (10) days from the date of this notice to respond with proof
of your license or authority to operate granted by the FCC.  Your response
should be sent to the address in the letterhead and reference the listed
case and document number.  Under the Privacy Act of 1974, 5 U.S.C. §
552a(e)(3), we are informing you that the Commission's staff will use
all relevant material information before it to determine what, if any,
enforcement action is required to ensure your compliance with FCC Rules.
This will include any information that you disclose in your reply.

You may contact this office if you have any questions.

Binh Nguyen
Resident Agent
Portland Resident Agent Office

	Excerpts from the Communications Act of 1934, As Amended
	Enforcement Bureau, "Inspection Fact Sheet," March 2005